LG AND CM HAVE TO WORK HARMONIOUSLY WITH EACH OTHER & THERE IS NO ROOM FOR ANARCHY OR ABSOLUTISM IN DEMOCRACY -SUPREME COURT

New Delhi: A five-judge Bench of the Supreme Court on Wednesday unanimously held that the Lieutenant Governor (LG) of Delhi is bound by the “aid and advice” of the popularly-elected Arvind Kejriwal-led Aam Aadmi Party (AAP) government and both have to work harmoniously with each other. It noted that there is no room for anarchy or absolutism in a democracy.

Chief Justice of India (CJI) Dipak Misra, who wrote the opinion for himself, and Justices A.K. Sikri and A.M. Khanwilkar held that except for issues of public order, police and land, the Lieutenant Governor is bound by the “aid and advice of the Kejriwal government, which has the public mandate.”

“Real authority to take decisions lie in the elected government. This is the meaning of ‘aid and advice.’ Titular head (LG) has to act in accordance to aid and advice,” Justice D.Y. Chandrachud observed in his separate opinion. He concluded that there is no independent authority with the LG to take decisions except in matters under Article 239 or those outside the purview of the National Capital Territory (NCT)  government

Author: sarkarimirror